School district wants sex abuse case thrown out

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March 29, 2013 1:03:01 PM PDT

by Katie Marzullo

MARTINEZ, Calif. --

Court wrapped up Friday morning in a sex abuse lawsuit involving the Moraga School District and a victim who claims she was assaulted by her teachers years ago and administrators did nothing about it. The school district is trying to get the case thrown out altogether.

This civil case, which has been filed against the Moraga School District and three former administrators, accuses the defendants of concealing the sexual abuse of Kristen Cunnane. The district argued Friday that time has run out and the statute of limitations is up as the abuse happened back in the early 90s.

Cunnane's attorneys say that isn't true. They argue that since this case is specifically about the concealment of the abuse, the clock only started running when the cover-up was uncovered last year when a Contra Costa Times reporter did an investigative piece and found documents claiming the administration knew about the abuse.

"Effectively, the district is asking for a get out of jail free card. They're saying they did such a good job concealing what they knew that Kristen's claims should be time-barred. We're confident that argument will not prevail," said the Cunnane's attorney Paul Llewellyn.

Cunnane was raped and molested over several years in the early 90s when she was just 12 or 13 years old by faculty members at Joaquin Moraga Intermediate School first by a science teacher who has since committed suicide and later by a female P.E. teacher who abused her over several years. That teacher is now serving time.

The judge did not making a ruling Friday but decided she needs to hear more information. She asked both sides to prepare additional written arguments to be submitted over the next several weeks and months. The next court date has been set for July 29 and it's possible that if the case is not thrown out, a trial date could be set that day.